Modern man can not imagine his life without all kinds of shops, from food to manufactured goods, and the closer a particular store is located to the consumer, the more often the latter it goes. However, not many consumers know how time consuming is the process of opening and registering the store, how much documentation is necessary to collect and how many instances to pass. Therefore, anyone wishing to do commercial activities must go through the thorns of the documentation and then to keep one's desire to continue the case ...

Collection of documents - the way neblizky ...

The procedure for processing trade enterprises will vary depending on the direction of the store (in this case should be considered to be good and which are not compulsory certification), the form of ownership (of LLC, JSC) on whether, if the room is taken for long term rent or buy ownership. Given each of the features necessary to collect a separate set of documents. In this material we will note the common features associated with the documentation and analyze the range of problems arising in connection with the acquisition process of the store.

Joined:

The first stage of registration of the enterprise is registered. Previously this process was the prerogative of the Moscow Registration Chamber, hereinafter - the Ministry of Taxes and Levies of Russia, and now record company should be attached to your site tax. The procedure and conditions for registration of commercial enterprises are reflected in the "Federal Law on State Registration of Legal Persons", adopted by the State Duma on July 13, 2001. Article 8 of the Act states: "The state registration is carried out within a period not exceeding five working days after submitting documents to the registering authority. The state registration of legal persons is carried out at the location specified by the founders in a statement on the state registration of a permanent executive body, in the absence of such an executive body - the location of the other body or person entitled to act on behalf of the legal person without a warrant. " Article 9 describes how the documents, and explains who can become an authorized person or the applicant. Documents themselves, which erants, handed over to the executive authority listed in article 12: "When you sign a legal entity under the registering authority granted:

a) signed by the applicant statements on the state registration form approved by the Government of Russia;
b) the decision to establish a legal entity in a protocol, contract or other document in accordance with the legislation of Russia;
c) the constituent documents of legal entity (originals or notarized copies);
d) an extract from the register of foreign legal entities of the country of origin or other legally equivalent proof of legal status of foreign legal entity, the founder;
d) a document confirming payment of state taxes.

A new word in the registration procedure was a resolution of the Moscow Government on March 27, 2001 "On the commercial register of Moscow. It was found that since the action of the warrant, "all objects of wholesale and retail trade (except for objects small retail network) and catering to the city of Moscow, regardless of departmental affiliation must be entered in the Commercial Register of the City of Moscow in obtaining relevant evidence." And for many of the existing enterprises, this meant re-registration. An entry in the Trade Register requires the entity (legal entity or individual entrepreneur)

a) a statement of adjustments, including the following information:

type of commercial facility;

specialization of specifying the range of products sold and / or list of services, total area, including retail space (the number of seats for the markets, land area and number of stalls);

b) a copy of the certificate on state registration of legal entity or individual entrepreneur, carry out trading activities at this facility, with the provision of the original;

a) a copy of the title document for the use of the property (the tenancy agreement, certificate of ownership) with the provision of the original;

d) copy of the opinion of the Office of State Fire Service of Internal Affairs in Moscow under the requirements of the object to the provision of the original;

e) a copy of sanitary - epidemiological conclusions on compliance to sanitary rules are dangerous to human health activities, works and services, including an assortment list of goods sold, with the provision of the original;

e) if the company is the subject of a new building or object is introduced as a consumer market, entering into the commercial register is made after acceptance of the object state commission to design an appropriate act of acceptance and approval of its disposal of the prefect;

g) The form can be appended to the application form containing the information about the object under Information Management System of the consumer market (SIOPR);

r) in the commercial register shall be entered all entrepreneurs placed in the shopping facility.

License:

The next important step towards opening the store is a license for commercial activity, which is in the competence Mostorginspektsii. Types of activities that can be practiced only if the license listed in Article 17 of the Law № 128-FZ.

To obtain a license applicant shall provide:

a) an application requesting a license. It contains the name and legal form of organization, its location, and type of activity for which a license is required;

b) a copy of the certificate on state registration of the citizen as an individual entrepreneur (showing the original if the copy is not certified by a notary) - for an individual entrepreneur;

c) copy of the certificate of the applicant the license to register with the tax authority;

d) a document confirming payment of license fee for consideration by the licensing authority an application for a license;

d) information on the skills of the applicant the license.

The licensing authority shall, within 60 days from the date of application to consider it and decide on the license. If a decision on granting a license, it will identify your bank account where you want to transfer 1,000 rubles, which is the fee for granting a license, which must pay within three months from the date of receipt of the notice. Doing business without a license carries fines and administrative penalties.

Lease:

In the event that is under construction requires a number of agreements with Moscomarchitecture. If the space is taken long-term lease, the agreement is signed with the landlord. When you sign the lease agreement documents are:

• Application;
• The document on payment of registration (copy);
• Power of Attorney for the right to represent the legal person (head of the organization is a passport, a copy of the appointment or extract) / letter of attorney to represent the individual;
• Description of subjects: Party - a legal person, 4. The instrument of the state registration of legal entity (notarized);
• Newsletter Goskomstat;
• Evidence of changes in constituent documents;
• Statutes as amended;
• Memorandum of Association (the latter two documents should be notarized, their presence is necessary given the legal and institutional framework).
• Member of the transaction - a physical person: 9. Identity document
• Description of the law: 10. Extract from the passport TIB (Form 1a) with a prescription less than 1 year;
• Explication;
• Floor plan;
• Legal documents: 13. Decision (extract from making) authorities control the appointment of heads of organizations that have signed an agreement (for legal persons, if the contract is signed by the head;
• Power of Attorney for the right to contract, if signed by the party to the treaty;
• Decision authorities of the participating organizations agree on the conclusion (if such a decision must be in accordance with the organization's charter or applicable law);
• Originals of contracts in an amount equal to the number of the parties;
• A copy of the lease;
• The document confirms that ownership of the object is registered.
• It is also necessary to notify the district justice against that store starts to work in this area.

Certification of goods and services:

When it was determined the composition range, in some cases necessary to pass the compulsory certification of goods. According to the RF Law on June 10, 1993 № 5151-1 "On certification of products and services, the company can confirm that its products, services or works good and safe, using a certificate, badge, or a declaration of conformity. The certificate of compliance indicates that this product meets the quality requirements set by the state. The certificate is issued for certain products, party goods, works or services. In the certificate may be an application with a list of products, works or services, the quality of which he confirms. The list of goods and services subject to mandatory certification, published in the governmental regulation of 13 August 1997. № 1013. Certificate of need, if the organization sells or produces goods for children, food, perfumes, cosmetics, footwear, textiles, garments and knitwear, building materials, furniture, etc. must be certified shopping, catering, workshops for the repair and maintenance of household electronics. To obtain a certificate, you must contact the center or testing laboratory Russian State Standard, except for them to issue certificates of right of independent expert laboratories accredited by the State Standard. Typically, enterprises apply to any regional expert laboratories, and if in the region where the company registered a no, then the application will send a State Standard of Russia. Making an application specified in the Rules for Certification GOST R certification system forms the basic documents used in the system, approved by Decree of State Standard of Russia from March 17, 1998 № 12. The application must enclose the documents listed in the rules of certification of the products, works or services.

For example, if applied to the certification of the Party of Italian fabrics, in accordance with the Regulations on certification of textile and light industry company provides copies of:

contract for the supply of products, which shows information about product range, quality, quantity of tissue;
account (invoice);
sanitary-epidemiological conclusion;
Fire Safety Certificate;
There is also the option of voluntary certification, when the enterprises themselves want to have a certificate stating that their products, services or really good quality. To do this, the company entered into a contract with the regional office or the State Standard of testing laboratories.

Sanepidnadzor and fire inspection:

Each commercial establishment should have a sanitary-epidemiological conclusion on the conformity of sanitary rules of economic and other activities, works and services. Conclusion of Compliance issued center of state and certifies compliance / non-conformity of the state sanitary-epidemiological rules services or any activity. The findings of compliance is a prerequisite for the executive bodies and local authorities permission for the operation of facilities, licensing of certain activities, certification of works and services. Conclusion of Compliance issued by the chief sanitary doctor, or his deputy at the request of legal entities and individual entrepreneurs on the basis of materials and hygienic evaluation of economic and other activities, works and services carried out at sites in Moscow, including regulatory, technological, and other operational documentation, survey working conditions, technological process. Conclusion is given separately for each type of activity. Issuance of detention for a period of one year shall be issued only once, in the case of non-specified in terms of preventive measures to re-issue of detention is not made.

Several requirements are Mospozharinspektsiya. They relate to the width of aisles between the counters, the number of fire extinguishers, fire systems, the distance from the most remote point of sales area to the nearest escape exit and other aspects of fire safety. If all requirements are met, then the store is issued a certificate of fire safety.

As we see, law-abiding commercial establishment before opening, should have on hand a certain set of documents and certificates, in order to be prepared to subsequent inspections. In addition, each quarter, each operating enterprise shall submit a report to the tax office. Note, however, that in the past few years, there is a tendency to contact the companies involved in the registering and licensing businesses, the entire process of collection of documents and walking the chain of command they undertake. In any case, all documentation remains the main concern of the head. We decided to compare to interview directors of the shopping center and a single store and find out what problems the documentation for them is relevant.